§ 33:4050.1 — Condemnation, removal, and maintenance of sewerage systems; liens; Calcasieu

Louisiana § 33:4050.1

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§4050.1. Condemnation, removal, and maintenance of sewerage systems; liens; Calcasieu
Parish
A.(1) The governing authority of the parish of Calcasieu is authorized to enact
ordinances and adopt rules and regulations in order to condemn and cause to be demolished,
removed, or both, or otherwise cause to be rendered inoperable any community or individual
sewerage system, or parts thereof, situated within the parish which by reason of its nature or
condition endangers the public welfare or safety.
(2) The governing authority of the parish may also enact ordinances and adopt rules
and regulations providing for the maintenance of such sewerage systems in a sanitary
condition.
(3)(a) Prior to the enactment of any ordinance or the adoption of any rule or
regulation pursuant to the provisions of this Subsection, the governing authority of the parish
shall establish a Citizens Wastewater Advisory Panel. The panel shall convene in
conjunction with the parish governing authority's Wastewater Study Committee for the
purpose of soliciting citizen input and providing advice and recommendations to the
committee relative to the promulgation of ordinances, rules, and regulations necessary to
carry out the provisions of this Section.
(b)(i) The Citizens Wastewater Advisory Panel shall consist of seven members
appointed from the unincorporated area of the parish of Calcasieu by the governing authority
of the parish. At least one member of the panel shall be a minority individual.
(ii) Members shall serve without compensation.
(c) The governing authority of the parish of Calcasieu shall provide reasonable
resources to the panel to assist the members in carrying out the responsibilities of the panel.
(d) The Citizens Wastewater Advisory Panel shall cease to exist upon the enactment
of any ordinance or the adoption of any rule or regulation pursuant to the provisions of this
Subsection.
B.(1) The governing authority of the parish may replace or require a property owner
to replace any system, or parts thereof, demolished, removed, or otherwise rendered
inoperable pursuant to Subsection A of this Section.
(2) The governing authority of the parish may also repair or require a property owner
to repair any system not being maintained in a sanitary condition, provided the homeowner
is given thirty days to make the repair prior to the governing authority taking such action.
(3) All costs incurred by the governing authority of the parish pursuant to the
provisions of this Section may be charged to the property owner.
C. The governing authority of the parish is authorized to adopt ordinances providing
for fines for the failure of any property owner to comply with ordinances enacted pursuant
to this Section.
D.(1) Ordinances enacted pursuant to the provisions of this Section shall include a
provision for notification of the owner or any other party in interest and an opportunity to be
heard.
(2) Ordinances enacted pursuant to the provisions of this Section shall authorize the
governing authority of the parish and any person acting on behalf of the governing authority
to enter, examine, and inspect all grounds and places related to sewerage systems only, but
not within any structures or buildings, while acting pursuant to the powers granted by the
provisions of this Section.
E.(1) No ordinance enacted pursuant to the provisions of Subsection A of this
Section shall be implemented without prior written approval of the Louisiana Department
of Health, office of public health.
(2) In addition to the authority of the parish of Calcasieu granted by, and any action
taken by the parish pursuant to, the provisions of this Section, the right of the Louisiana
Department of Health, office of public health, through the state health officer, to enforce the
provisions of the Louisiana Administrative Code, Title 51, the Public Health-Sanitary Code,
pursuant to R.S. 40:6, and any other related public health law, is reserved.
F.(1) Upon failure of a property owner to pay any fine levied as provided by
ordinance or any costs incurred by the parish of Calcasieu charged to such property owner
pursuant to the provisions of this Section, the governing authority of the parish may file a
certified copy of the order levying a fine or fines or a copy of an invoice reflecting the
amount of such costs with the recorder of mortgages, and the same, when so filed and
recorded, shall operate as a lien and privilege in favor of the parish against the property.
(2) In addition, the ordinances of the parish may provide for interest on costs
incurred by the parish, which shall be paid prior to cancellation of the lien. The rate of
interest shall not exceed the rate of legal interest, as provided in R.S. 9:3500, and shall be
computed from the date of recordation of the lien until paid or enforced.
(3) The lien obtained by the parish pursuant to this Subsection shall include not only
the costs provided for in this Section but shall include all attorney fees and all costs incurred
in the locating of the owner, notification of the owner, and the enforcement and collection
of the amount secured by the lien.
(4) The parish's privilege and lien shall prime all other liens or privileges against the
property filed after the notice to the owner is filed with the recorder of mortgages pursuant
to this Section, regardless of the date on which the parish's lien and privilege is perfected,
except that the parish's lien and privilege shall not prime other tax liens against the property.
G.(1) After the parish has levied such fine or fines or incurred such costs as
constitute the lien and privilege on the property, the director of finance or equivalent officer
may add such amounts to the next ad valorem tax bill of the owner, and the amount shall be
subject to the same interest and penalties as delinquent ad valorem taxes.
(2) When such amounts are added to an ad valorem tax bill, the sheriff effecting
collection shall be reimbursed by the governing authority for an amount equal to fifteen
percent of the amount of such charges actually collected from the property owner. The
collection charge shall be in addition to such charges and shall also be added to the ad
valorem tax bill of the property involved.
(3) The parish shall be the sole and proper defendant in any action authorized by law
to contest the addition of such charges to the ad valorem tax bill of the property involved.
(4) The privilege and lien may be enforced in the district court pursuant to the
provisions of the Code of Civil Procedure and may be enforced either against the subject
property or against the owner personally by ordinary process and subsequent seizure and sale
or garnishment of other movable or immovable property of the owner pursuant to the
provisions of the Code of Civil Procedure.
(5) The amount of any parish lien operating against the property and any interest
accruing thereon may be canceled in whole or in part by the governing authority of the parish
in order to facilitate the sale or disposition of the property for the unpaid lien.

Legislative History

Acts 2005, No. 445, §1.